My witness not coming forward to be my comparator in my tribunal case

Savvy_Sue

Maybe so, but you are not in that workplace, so what does YOUR rep say?

MalMonroe

I find this very strange as you don't mention Acas at all but an Employment Tribunal case cannot be brought without you having first contacted them, see this link 
https://www.gov.uk/employment-tribunals
And before you can submit an ET1 form you are supposed to have been through the early conciliation process via Acas.

I think you need to speak to someone who knows how Employment Tribunals work. A union rep is all well and good and can help you with submission of forms, etc. but your particular union rep doesn't really appear to know what happens at Tribunals.

For advice, Citizens Advice is a great place to start and there's a lot of information on their website, particularly this - "Don't think that a case is won or lost by the number of witnesses each side has. It is quite normal for the employee to have no witnesses and the employer to have many. The number of witnesses is not relevant to the outcome and many employees win their case without having any witnesses on their side."  
There is a link here -
https://www.citizensadvice.org.uk/work/problems-at-work/employment-tribunals/preparing-an-employment-tribunal-case/

I have brought an Employment Tribunal case in the past and it is a lot of hard work. After a copy of your ET1 form has been sent to your employer by the Tribunal, they have to respond on an ET3 form and send it to the Tribunal who will send a copy to you. So then you have the opportunity to see what they say about your claim and decide whether or not you think it is worth continuing.

Before the case goes to court the employer has to produce a 'bundle' containing all the facts of the case - from your side as well as from theirs and has to send a copy of the bundle to you. (See information on Citizens Advice website.)

But before anything at all happens, you do have to register with Acas. Your union rep should have known that and I'd suggest phoning Acas as soon as possible. They can also advise you on the whole process, although they will remain neutral. Here's the Acas link - https://www.acas.org.uk/contact

(My own case was settled prior to the Tribunal. However, I'd still done a lot of work preparing my witness statement. I cannot stress enough the importance of ensuring you have a comprehensive statement to present at your case. It was after they had received and read a copy of my witness statement that my ex-employer made a generous settlement offer.)

TELLIT01

Two people of broadly equal job status, working for the same employer but in different areas, are expected to work differently.  I don't see anything in that which could even in my wildest imagining be classes as racial discrimination.

Obviously we don't have anything like all the information surrounding the situation but, you have union representation and need to work with them, not expect a forum such as this to be able to determine the rights and wrongs.

RayJackie

Dear MalMonroe, thank you for your reply. Your insight does help me a lot. I was so stressed when I filled my ET1 form up. Now I worked myself up to write my witness statement as well. I did have an early conciliation from ACAS. It was a long story. It was hard for me to post every detail in this forum. I still appreciate your advice here. Much obliged... 
Once again, thank you so much for everyone's advice. 

RayJackie

Sue, thank you for your reply. I will contact the trade union local branch officer to see what I can do.  You have given me some good advice. 

sammyjammy

These kind of "loose" cases are probably why they started charging for Employment Tribunals.  There should be some kind of panel like CPS type thing to throw out certain cases before they go to far and waste too much tax payers money.

elsien

RayJackie said:

Hey Savvy_Sue, my ex-colleague is now a new trade union rep in my workplace.

Not that unemployable then. As they are clearly still very much employed.